102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2240

 

Introduced 2/26/2021, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 415/5
5 ILCS 415/10
110 ILCS 205/13

    Amends the Government Severance Pay Act. Modifies the definition of "severance pay" to apply to a university president or chancellor who is transitioning to a new position within the university for which he or she is employed, but excluding interim presidents and interim chancellors. Provides that a contract containing a severance pay provision must include, among other requirements, a requirement that if a provision to transition into a different position is included in a university president's or chancellor's contract, then the contract must include specified provisions. Amends the Board of Higher Education Act. Requires, beginning July 1, 2022, the Board of Higher Education to create and maintain on its Internet website an online trustee resource center that shall include specified information. Defines "Department". Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2240LRB102 17242 RJF 22708 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Government Severance Pay Act is amended by
5changing Sections 5 and 10 as follows:
 
6    (5 ILCS 415/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Department" means any branch, department, college, or
9school of a university established by the board of trustees of
10the university.
11    "Misconduct" includes, but is not limited to, the
12following:
13        (1) Conduct demonstrating conscious disregard of an
14    employer's interests and found to be a deliberate
15    violation or disregard of the reasonable standards of
16    behavior which the employer expects of his or her
17    employee. Such conduct may include, but is not limited to,
18    willful damage to an employer's property that results in
19    damage of more than $50, or theft of employer property or
20    property of a customer or invitee of the employer.
21        (2) Carelessness or negligence to a degree or
22    recurrence that manifests culpability or wrongful intent,
23    or shows an intentional and substantial disregard of the

 

 

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1    employer's interests or of the employee's duties and
2    obligations to his or her employer.
3        (3) Chronic absenteeism or tardiness in deliberate
4    violation of a known policy of the employer or one or more
5    unapproved absences following a written reprimand or
6    warning relating to more than one unapproved absence.
7        (4) A willful and deliberate violation of a standard
8    or regulation of this State by an employee of an employer
9    licensed or certified by this State, which violation would
10    cause the employer to be sanctioned or have its license or
11    certification suspended by this State.
12        (5) A violation of an employer's rule, unless the
13    claimant can demonstrate that:
14            (A) he or she did not know, and could not
15        reasonably know, of the rule's requirements;
16            (B) the rule is not lawful or not reasonably
17        related to the job environment and performance; or
18            (C) the rule is not fairly or consistently
19        enforced.
20        (6) Other conduct, including, but not limited to,
21    committing criminal assault or battery on another
22    employee, or on a customer or invitee of the employer, or
23    committing abuse or neglect of a patient, resident,
24    disabled person, elderly person, or child in her or his
25    professional care.
26    "Severance pay" means the actual or constructive

 

 

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1compensation, including salary, benefits, or perquisites, for
2employment services yet to be rendered which is provided to an
3employee who has recently been or is about to be terminated, or
4a university president or chancellor who is transitioning to a
5new position within the university for which he or she is
6employed, excluding interim presidents and interim
7chancellors.
8    "Unit of government" means and includes all boards,
9commissions, agencies, institutions, authorities, and bodies
10politic and corporate of the State, created by or in
11accordance with the constitution or statute, of the executive
12branch of State government and does include colleges,
13universities, and institutions under the jurisdiction of the
14governing boards of the University of Illinois, Southern
15Illinois University, Illinois State University, Eastern
16Illinois University, Northern Illinois University, Western
17Illinois University, Chicago State University, Governors State
18University, Northeastern Illinois University, and the Board of
19Higher Education. "Unit of government" also includes units of
20local government, school districts, and community colleges
21under the Public Community College Act.
22(Source: P.A. 100-895, eff. 1-1-19.)
 
23    (5 ILCS 415/10)
24    Sec. 10. Severance pay.
25    (a) A unit of government that enters into a contract or

 

 

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1employment agreement, or renewal or renegotiation of an
2existing contract or employment agreement, that contains a
3provision for severance pay with an officer, agent, employee,
4or contractor must include the following provisions in the
5contract:
6        (1) a requirement that severance pay provided may not
7    exceed an amount greater than 20 weeks of compensation;
8    and
9        (2) a prohibition of provision of severance pay when
10    the officer, agent, employee, or contractor has been fired
11    for misconduct by the unit of government; and .
12        (3) a requirement that if a provision to transition
13    into a different position is included in a university
14    president's or chancellor's contract, then the contract
15    must include which department he or she will transition
16    into, and a provision that compensation shall not exceed
17    the annual compensation of the highest paid employee in
18    the department, and that the annual salary shall be
19    commensurate with his or her assigned duties and rank as
20    determined by the Dean of the College, and with the
21    approval of the interim or acting president and the board
22    of trustees.
23    (b) Nothing in this Section creates an entitlement to
24severance pay in the absence of its contractual authorization
25or as otherwise authorized by law.
26    (c) Notwithstanding any other provision to the contrary,

 

 

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1this Act shall not apply to contracts or employment agreements
2for individuals employed by the department of intercollegiate
3athletics of a college or university when the employee's
4compensation is funded by non-State-appropriated funds, such
5as revenues generated by athletic events or activities, gifts
6or donations, or any combination thereof. Nothing in this
7Section entitles an individual employed by the department of
8intercollegiate athletics of a college or university to
9receive severance pay when that individual has been dismissed
10for misconduct.
11(Source: P.A. 100-895, eff. 1-1-19; 101-195, eff. 8-2-19.)
 
12    Section 10. The Board of Higher Education Act is amended
13by changing Section 13 as follows:
 
14    (110 ILCS 205/13)
15    Sec. 13. Leadership training for university board members.
16    (a) The Board shall require every voting member of the
17governing board of a public university appointed for a term
18beginning after January 1, 2016 to complete a minimum of 4
19hours of professional development leadership training covering
20topics that shall include, but are not limited to, public
21university and labor law, contract law, ethics, sexual
22violence on campus, financial oversight and accountability,
23audits, and fiduciary responsibilities of a member of a
24governing board within 2 years after beginning service and

 

 

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1within every 2 years of service thereafter.
2    (b) A public university shall maintain on its Internet
3website the names of all voting members of the governing board
4who have successfully completed the training.
5    (b-5) Beginning July 1, 2022, the Board shall create and
6maintain on its Internet website an online trustee resource
7center that shall, at a minimum, do all of the following:
8        (1) provide updates on all statutes relevant to the
9    work of the governing boards of universities;
10        (2) include all of the documents and resources
11    provided to trustees during the professional development
12    leadership training course; and
13        (3) provide an online portal for trustees to submit
14    questions and receive answers from the Board.
15    (c) Beginning after the effective date of this amendatory
16Act of the 99th General Assembly, by July 31 of each year, the
17chairperson of each governing board shall certify to the Board
18the number of hours of training that each member received
19during the preceding fiscal year.
20    (d) If the certification indicates that a board member has
21not completed the training required under this Section, the
22Board shall send a notice to the Governor, the President of the
23Senate, the Minority Leader of the Senate, the Speaker of the
24House of Representatives, and the Minority Leader of the House
25of Representatives of that fact, and the governing board shall
26suspend the board member from continued service, at which

 

 

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1point, the board member has 45 days to complete all training
2deemed incomplete as provided by the certification. Failure of
3the board member to complete the necessary training within
4this probationary period constitutes a resignation from and
5creates a vacancy in the governing board, to be filled as
6provided by law.
7    (e) The training under this Section may be provided by the
8Board or by other qualified providers approved by the Board.
9(Source: P.A. 99-695, eff. 1-1-17.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.